New York State Issues Updated Guidance On HERO Act

On September 30, 2021, the New York State Department of Labor ("NYSDOL") released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against the spread of airborne infectious diseases in the workplace.

The updated FAQs, which replace a set of FAQs previously issued on September 9, primarily re-iterate information from the HERO Act statute, standard, and model plans, but also include some notable changes:

• Verbal Review Requirement: The HERO Act requires that employer provide a verbal review of its prevention plan, employer policies, and employee rights. While the September 9^th FAQs included language suggesting that the verbal review must be provided even absent a designation of a covered infectious disease, the updated FAQs clarify that employers need only conduct a verbal review of the plan "when